HomeMy WebLinkAboutMinutes Council 041510I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 APRIL 15, 2010
5
6 The regular meeting was called to order at 7:00 p.m. by Mayor Lew.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph
10 Russo, Councilmember Eric Jablin, Councilmember Jody Barnett.
11 ABSENT: None.
12 III. ADDITIONS. DELETIONS. MODIFICATIONS
13 Addition to Consent Agenda: Proclamation — Holocaust Remembrance Week 2010.
14 Councilmember Jablin made a motion for approval.
15 Councilmember Barnett seconded.
16 Motion passed 5 -0.
17 IV. ANNOUNCEMENTS AND PRESENTATIONS
18 a. SPONSORSHIP RECOGNITION FOR DANCING UNDER THE STARS
19 Recreation Division Resource Manager Ann Schilling presented plaques to the Brio
20 Tuscan Grill, Florida Power & Light, Palm Beach Post and Seaview Radio for their
21 sponsorship of Dancing Under the Stars.
22 b. ANNUAL AUDIT REPORT
23 Finance Administrator Allan Owens introduced Richard Rampell and Deborah Diaz of
24 Rampell & Rampell, P.A., who presented the 2009 Annual Audit Report.
25 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
26 Councilmember Barnett had no report. Councilmember Russo reported on the Economic
27 Advisory Group of North County meeting and thanked the staff members who accepted the
28 voluntary separation program for their service. Vice Mayor Premuroso had no report.
29 Councilmember Jablin thanked the staff members who accepted the voluntary separation
30 program for their service. Mayor Levy reported attending a Hazardous Materials Oversight
31 Committee meeting, Frenchman's Creek High Tea and announced the Give a Smile to a Child
32 Foundation golf tournament is this coming Saturday (April 17, 2010).
33 VI. CITY MANAGER REPORT
34 None.
35 VII. COMMENTS FROM THE PUBLIC
36 Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens; Dan Clark, 18 Princewood
37 Lane, Palm Beach Gardens; Louis Satriano, 4703 Lakemont Court, Palm Beach Gardens;
38 Pat Hughey, 9120 Reed Drive, Palm Beach Gardens; Tom Carnes, PGA Corridor
39 Association, 3101 PGA Boulevard, Palm Beach Gardens; Carol Estrada, 309 Riverside
40 Drive, Palm Beach Gardens.
41 VIII. CONSENT AGENDA
42 a. APPROVE MINUTES FROM MARCH 4, 2010 CITY COUNCIL MEETING.
43 b. APPROVE MINUTES FROM MARCH 18, 2010 CITY COUNCIL MEETING.
44 c. RESOLUTION 17 2010 —MEMORANDUM OF UNDERSTANDING BETWEEN THE
45 CITY AND THE IAFF. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
46 PALM BEACH GARDENS, FLORIDA APPROVING AND RATIFYING A
47 MEMORANDUM OF UNDERSTANDING WITH THE PROFESSIONAL
48 FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928, INC. TO
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
04.15.10
I MODIFY AND CLARIFY THE REQUIREMENTS FOR PROMOTIONAL
2 EXAMINATIONS AND THE USE OF PERSONAL LEAVE; PROVIDING AN
3 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
4 d. PROCLAMATION — WATER CONSERVATION MONTH.
5 Councilmember Russo made a motion for approval of the Consent Agenda.
6 Councilmember Jablin seconded.
7 Motion passed 5 -0.
8 IX. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing)
9 Mayor Lew announced the procedures for tonight's proceedings.
10 Those preparing to give testimony were sworn in.
11 The City Clerk read Resolution 14, 2010 by title.
12 a. *RESOLUTION 14, 2010 — SEPTEMBER 11TH MEMORIAL PLAZA — A
13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
14 FLORIDA APPROVING THE 09.11.01 MEMORIAL PLAZA, LOCATED AT 5161
15 NORTHLAKE BOULEVARD ON THE FIRE STATION NO. 3 PARCEL, AS MORE
16 PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND
17 FOR OTHER PURPOSES.
18 Mayor Lew opened the public hearing.
19 Ex parte communication with staff was disclosed by Mayor Lew, Vice Mayor Premuroso,
20 Councilmember Russo, Councilmember Jablin, and Councilmember Barnett.
21 Presented Item: Deputy Fire Chief C.R. Brown.
22 Mayor Lew closed the public hearing.
23 Councilmember Jablin made a motion for approval of Resolution 14, 2010.
24 Vice Mayor Premuroso seconded.
25 Motion passed 5 -0.
26 The City Clerk read Resolution 15, 2010 by title.
27 b. *RESOLUTION 15, 2010 — EMERGENCY OPERATIONS COMMUNICATION
28 CENTER. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
29 GARDENS, FLORIDA APPROVING A MAJOR SITE PLAN AMENDMENT TO THE
30 PALM BEACH GARDENS MUNICIPAL COMPLEX TO ALLOW A 10,800- SQUARE-
31 FOOT EMERGENCY OPERATIONS AND COMMUNICATION CENTER, AS MORE
32 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
33 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
34 Councilmember Russo recused himself, signed Form 8B, left the dais.
35 Mayor Lew opened the public hearing.
36 Ex parte communication with staff was disclosed by Mayor Lew, Vice Mayor Premuroso
37 Councilmember Jablin and Councilmember Barnett.
38 Presented Item: Fire Chief Pete Bergel.
39 Staff Presentation: Planner Kate Wilson.
40 Public Comment:
41 Eileen Tucker, 1045 Shady Lakes Circle, Palm Beach Gardens.
42 Mayor Lew closed the public hearing.
43 Councilmember Jablin made a motion for approval of Resolution 15, 2010.
44 Vice Mayor Premuroso seconded.
45 Motion passed 4 -0.
46 Councilmember Russo returned to the dais.
47 Ordinance 9, 2010 was no longer needed due to passage of Resolution 15, 2010.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
04.15.10
I ORDINANCE 9, 2010 IS CONTINGENT UPON COUNCIL APPROVAL OF THE
2 ALTERNATE EXTERIOR ELEVATION AS RECOMMENDED BY PZAB.
3 c. ORDINANCE 9, 2010 — G st READING) AMENDING THE FISCAL YEAR 2010
4 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
5 GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS'
6 BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING
7 SEPTEMBER 30, 2010, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A
8 SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
9 PURPOSES.
10 X. RESOLUTIONS
11 None.
12 XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
13 a. LAKE CATHERINE HISTORICAL ART PROJECT
14 Staff Presentation: Resource Manager Allyson Black.
15 Public Comment:
16 Louis Satriano, 4703 Lakemont Court, Palm Beach Gardens; Carol Estrada, 309 Riverside
17 Drive, Palm Beach Gardens; Cable Neuhaus, 1106 Vintner Boulevard, Palm Beach Gardens;
18 Jennifer O'Brien, 29 Via Del Corso, Palm Beach Gardens; Linda Hughey, 9120 Reed
19 Drive, Palm Beach Gardens.
20 Following Council discussion Mayor Levy authorized the Art in Public Places Advisory
21 Board to go forward with the Call to Artists for the Lake Catherine Historical Art Project.
22 b. OUTDOOR SEATING, SPECIAL EVENTS AND TEMPORARY SIGNAGE
23 Staff Presentation: Interim Growth Management Administrator Natalie Wong.
24 Following Council discussion Mayor Levy authorized Interim Growth Management
25 Administrator Wong to pursue the outdoor seating, special events and temporary signage for
26 Code of Ordinance amendments.
27 c. VOLUNTARY SEPARATION
28 City Manager Ferris stated he will prepare a "Frequently Asked Questions" presentation
29 regarding the voluntary separation package.
30 Public Comment:
31 Linda Hughey, 9120 Reed Drive, Palm Beach Gardens
32 d. CITY MANAGER ANNUAL EVALUATION
33 Council reached consensus to meet individually with City Manager Ferris for his annual
34 evaluation appraisal. The item will be added to the next agenda.
35 e. MEETING DATES
36 Councilmember Jablin made a motion for the summer City Council meetings to be held on
37 July 15 and August 19, 2010.
38 Councilmember Russo seconded.
39 Motion passed 5 -0.
40 Councilmember Russo requested that the first September meeting be held following Labor
41 Day.
42 XII. CITY ATTORNEY REPORT
43 None.
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
04.15.10
I XIII. ADJOURNMENT
2 Councilmember Jablin made a motion to adjourn.
3 Councilmember Russo seconded.
4 Motion passed 5 -0.
5 The meeting adjourned at 9:43 p.m.
6 The next regularly scheduled City Council meeting will be held May 6, 2010.
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8 APPROVED:
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36 Patricia Snider, CMC
37 City Clerk
38
F =-r
David Levy, Mayor
Robert G. Pr roso, Y ayor
J�8?WRusso, Councilmember
Eric Jablin, Councilmember
Jody Barnett, Councilmember
39
40 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of
41 the meeting. A verbatim audio record is available from the Office of the City Clerk.
42 All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
04.15.10
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST W�IE —FFIRST NAME — MIDDLE NAME
NAME OF OOUNCI, OOM ION, AUTHORITY, OR COMMITTEE
MAILI �jADDRESS 1
THE BOARD, COAMA�N, AUiI MrrY OR COMMITTEE ON
VVIi1CH i SERVE IS OF:
O COUNTY O OTHER LOCAL AGENCY
CITY,
L.,y //b�/tZ/7 1r.9-►���� .ilC. --� i'3f,•.,�'
N�AME°FigOiITyICAL SLAXNVOM
Cl L �.
DATE ON VM ICH VOTE OCCURRED
MY FICIS"M IS:
EIECn,/E O APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, dry, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and norr- advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For thks reason, please pay dose attention to the kv*uctions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1123143, FLORIDA STATUTES
A person holding elective or appointive county. munidpat, or otter local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohbhed from knowingly voting on a mea-
sure which inures to the special gain or loss of a prindpal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate prirxtipal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a'relative' includes only the ohs father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son4n4aw, and daughter4n4aw. A `business associate` means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by pulA yr stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by comple V and filling this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the mirnites.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the cornffid before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the tbrm in the minutes. (Continued on other side)
CE FORM SB - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is tiled.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is flied
DISCLOSURE OF LOCAL OFFICER'S INTEREST
& ' � / � `= S S c T//, , 20 I, hereby disclose that on
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ;
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of /� C_ �i £ �� , 7 rl by
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: _
Date Filed
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 12000 PAGE 2